An employment contract is a basic document that regulates the employment-legal relations between the employer and the employee. The law governing labor relations is the Labor Code, Law no. 311/2001 Coll
Pre-contractual relations
Before concluding an employment contract, the employer is obliged to familiarize the natural person with the rights and obligations resulting from the employment contract, with the working conditions and wage conditions under which the work is to be performed.
The employer may only require information related to the work to be performed from a natural person who is applying for a first job. The employer may require a physical person who has already been employed to submit a work report and a certificate of employment.
The employer may not require information from a natural person
a) about pregnancy,
b) about family relationships,
c) on integrity, with the exception of work in which integrity is required according to a special regulation, or if the requirement of integrity is required by the nature of the work to be performed by the natural person,
d) on political affiliation, trade union affiliation and religious affiliation.
Employment contract and its essentials
The employment relationship is established by a written employment contract between the employer and the employee, unless this law provides otherwise. The employer is obliged to issue one written copy of the employment contract to the employee.
The employment contract must be concluded in writing and has the requirements set out in the Labor Code, such as the type of work for which the employee is hired and its brief description, place of work (municipality, part of a municipality or another designated place), day of starting work, wage conditions , if they are not agreed in the collective agreement.
A contract according to this law or other labor law regulations is concluded as soon as the participants have agreed on its content.
(1) A participant who acted in error, which must have been known to the other participant, has the right to withdraw from the contract if the error relates to such a circumstance that without it the contract would not have taken place.
(2) The employer has the right to withdraw from the employment contract if
a) the employee does not start work on the agreed day of starting work without being prevented from doing so by an obstacle at work,
b) the employee does not notify the employer within three working days of an obstacle at work that prevents him from starting work on the agreed day of starting work, or
c) the employee was legally convicted of an intentional crime after the conclusion of the employment contract.
(3) It is possible to withdraw from the employment contract according to paragraph 2 before the employee begins work at the latest. Withdrawal from the employment contract must be in writing, otherwise it is invalid.
The agreed content of the employment contract can only be changed if the employer and the employee agree to change it. The employer is obliged to amend the employment contract in writing.
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